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Showing contexts for: sohrabuddin in Khazani Devi vs State Of Haryana And Others on 20 March, 2023Matching Fragments
In the case of Dinesh M.N. (S.P.) (supra), Hon'ble The Supreme Court upheld the order of the High Court cancelling the bail while noticing that, pursuant to the directions issued from time to time, in a petition filed by brother of Sohrabuddin, the Investigation Agency found that death of Sohrabuddin and subsequently reported death of his wife, Kausarbi, was a result of fake encounters carried out by the then officers of the Anti-Terrorist Squad and senior IPS officers were involved in the fake encounters. The definite role of the accused appellant-Dinesh, whose bail was cancelled had surfaced as the wanted accused-Sohrabuddin was involved in an offence registered in police station under his jurisdiction. He 7 of 14 Neutral Citation No:=2023:PHHC:040846 CRM-M-34709-2022 2023:PHHC:040846 was leader of the team sent to Ahmedabad to trace him out. Before any formal order came to be passed for forming a team, weapons were procured from Kotwali upon his arrival in Ahmedabad. He coordinated in the fake encounter alongwith ATS officers. It was a clear case of conspiracy and needle of suspicion unerringly pointed out at him. The trial Court should not have granted bail to him in view of the role played by him and the circumstantial evidence even the form of statements of witnesses. It was further noticed that the High Court on consideration of the rival submissions held that the learned trial Judge has not kept in view the seriousness of the offences, punishments prescribed for such offences and involvement of the accused, a high ranking officer when allegations or misuse of power necessary in law by registering false FIR has been lost sight of. Another significant factor which was highlighted by the State before the High Court was that an FIR allegedly was filed to divert attention from the fake encounter.